Security protocols dictate how an organization plans to protect their employees. Security protocols set forth how a business will protect their bottom line. Cannabis security planning protocols establish how a facility will safeguard & protect inventory and cash. All of these plans and protocols affect the bottom line, and therefore should be on the forefront of every stakeholder’s mind.
Why do security guidelines vary from state to state?
Cannabis is illegal at the federal level. In recent history, the federal government has stayed out of the way of states and allowed states to govern these sectors independently. This means that when marijuana is legalized within a state, the state government must create an entire market and all the rules and regulations that go along with it. Some states will look to other places that have implemented successful programs, and some just wing it.
Some states have very little regulatory requirements when it comes to the operation of businesses, and certain areas of concern that are normally heavily regulated in other industries (like security) are barely glossed over in the legislation. This is due to the illegal status of the substance at the federal level. Many states anticipate marijuana becoming legal nationwide at some point. When this happens, no action would be needed as federal law supersedes state law.
Why is compliance so important?
Staying compliant means staying operational. Facilities operating within a legal marijuana market are subject to random inspections. If a facility didn’t pass an inspection, it could be slapped with a hefty fine and/or forced to close until the infraction is brought up to standard. This means lost sales on top of expensive fines & the facility could take a hit to their reputation. Remember: a facility will never be fined for being too safe. It may seem daunting to spend (invest) a large sum into securing a facility, but down the road – it makes fiscal sense.
What implementations should a facility employ?
From license application and project inception to completion, KL Security uses a holistic approach to help plan, create, design, and build compliant security solutions & systems to meet a business’s goals, brand, and mission. With successful projects in place in dispensaries, pharmacies, cultivation facilities, craft growing facilities, secure transporters, and testing facilities, the experts at KL Security have the experience to help facilities pass inspections, stay compliant, and drive revenue. Contact a consultant to see how KL Security can help simplify the process and provide successful results.
Alaska: Passed legislation allowing on site consumption at retail establishments. Certain cities in other states have approved individual businesses through licenses, but this is the first state to allow uniformly. These establishments must still receive approval through the Marijuana Control Board. https://www.commerce.alaska.gov/web/amco/Home.aspx
Arizona: Medicinal use is legal. A voter initiative would legalize marijuana for recreational use. Constituents hoping to see issue on ballot in 2020. mjbizdaily.com
Arkansas: Medicinal use is legal. The Arkansas Medical Marijuana Commission disallowed two license holders to sell businesses and transfer licenses due to lack of action on their part. AMMC claims it raises an issue of fairness to those who participated in full licensing process. mjbizdaily.com
California: Marijuana is legal and decriminalized. Legal establishments are struggling to battle black market sales amidst high tax rates. The Governor has proposed merging California’s three regulatory departments to one for budgetary and uniformity concerns. mjbizdaily.com
Connecticut: Marijuana is legal for medicinal use. The Governor met with fellow governors from neighboring states in October of 2019; these legislators are attempting to coordinate efforts in the legalization of marijuana. Rules and laws will be easier to enforce if there is a similar uniformity between neighbors. mjbizdaily.com
Florida: Marijuana is legal for medicinal use. A constituent led group, Make it Legal Florida, attempted to acquire enough signatures to place the issue of legalization for recreational use on the ballot. They were unable to meet in the requirements prior to the deadline, and the issue will not receive a spot on the 2020 ballot. The group plans to try again for 2022. mjbizdaily.com
Hawaii: Marijuana is legal for medicinal use. In mid-2019, Hawaii opted to institute an out-of-state program for medicinal patients. This would allow visiting patients holding a card in their home state to access marijuana for medicinal use while in Hawaii. mjbizdaily.com
Louisiana: Marijuana is legal for medicinal use. It is only available in tincture form, and on recommendation from a physician. It is not covered by health insurance, and patients must pay out of pocket. Physicians are fearful to write prescriptions due to federal consequences and marijuana’s current classification as a Schedule I narcotic by the FDA. Dispensaries are few and far between. Constituents are hoping for reform, and decreased barriers to access. https://www.postsouth.com/news/20200110/louisiana-medical-marijuana-program-shows-accessibility-pricing-issues
Maine: Marijuana use is legal. Only one lab has been licensed as a testing facility in the entire state. This presents a problem and a backup in the product chain; all product must be tested before available for sale to the public. Also, the Office of Marijuana Policy is in negotiations to switch companies from BioTrackTHC to Metrc for seed-to-sale tracking software. https://www.klsecurity.com/blog/shortage-of-marijuana-testing-facilities-in-maine/ & mjbizdaily.com
Michigan: Marijuana use is legal. Municipalities have the authority to opt-out of the recreational program. Detroit has placed a temporary ban until March 31st on recreational sales; the area is seeing a surge in the illicit market, and is still establishing a fair social-equity program for licensees. Upon maturation, the Michigan marijuana market is expected to exceed $1 billion dollars annually. https://mjbizdaily.com/detroit-bans-adult-use-cannabis-sales-through-march-31/
Minnesota: Marijuana is legal for medicinal use. The Department of Health is in charge or regulating and licensing for the medical marijuana program. A recent audit concluded the DoH was not keeping adequate records, not tracking product loss accurately, and failed to ensure product was tested before being made available for sale. https://www.auditor.leg.state.mn.us/fad/2020/fad20-02.htm
Missouri: Marijuana is legal for medicinal use. Missouri is in the process of establishing a system to regulate the sale of marijuana for medicinal use. The state is offering an initial 348 licenses for marijuana businesses. These licenses include: cultivation, dispensaries, manufacturing, testing labs, and transporters. The Missouri Department of Health and Senior Services received over 2,000 applications. The state is hoping for marijuana sales to begin mid-2020. https://www.klsecurity.com/blog/marijuana-licensing-in-missouri-an-abundance-of-applicants/
Nevada: Marijuana use is legal. Nevada is monitoring the practices of testing facilities very closely after an investigation (September 2019) proved facilities were not adhering to acceptable practices. A health advisory was issued after several products (being sold to customers) were found to have high levels of mold and yeast. https://mjbizdaily.com/nevada-regulators-investigate-marijuana-lab-testing-facilities/
New Hampshire: Marijuana is legal for medicinal use. As of January, several bills are to be introduced to the Senate proposing legalizing marijuana for recreational use. https://apnews.com/43cf2b6fe33748d2f8f897ad62dd3e03
New Mexico: Medicinal use is legal. Proposed bill would legalize marijuana for recreational use. This bill would also make New Mexico the first state to demand that retailers sell to both medicinal and recreational customer. https://mjbizdaily.com/new-mexico-adult-use-cannabis-bill-moves-forward/
North Carolina: Marijuana is not legal. North Carolina is not making any moves to legalize marijuana. In fact, they have instituted a ban on smokable hemp to begin in December 2020. Officials claim it resembles marijuana, and is too difficult for law enforcement to differentiate between the two. https://www.newsobserver.com/news/politics-government/article233012142.html
Oklahoma: Marijuana is legal for medicinal use. Due to the state’s ease of accessibility for patients to product, the market is valued as one of the most robust in the country. A petition has been filed to legalize marijuana for recreational use. https://mjbizdaily.com/new-filing-to-legalize-recreational-marijuana-in-oklahoma/
Oregon: Marijuana use is legal. Sales are 420% higher in Oregonian dispensaries bordering Idaho. Marijuana is illegal in Idaho, and residents are crossing state lines to purchase product. https://apnews.com/d33f05f80b40aa5e4d9de692f1a3d6f0
Pennsylvania: Marijuana is legal for medicinal use. Dispensaries are operated by the state, and legislation has proposed the implementation of a recreational market operated similarly. Constituents want marijuana legalized for adult-use, but do not want the state to run these facilities also. Voters are wanting the entrepreneurial opportunities that come with the cannabis retail market. Legislators are fearful that multi-state operators will consume the market and the revenue gained will not be used in the local economy. https://www.penncapital-star.com/government-politics/majority-of-pennsylvania-voters-want-legal-cannabis-poll-shows-just-not-in-state-stores/
Rhode Island: Marijuana is legal for medicinal use. Governor Gina Raimondo is attempting to initiate an adult use market. Rhode Island’s neighbors have recreational programs in place, and she wants to ensure the state is not losing money to these states. https://mjbizdaily.com/rhode-island-recreational-marijuana-pitched-by-gov-romando/
South Dakota: Marijuana is not legal. In November of 2020, South Dakota constituents will have the option of expressing their wishes on the status of medical marijuana in their state. The secretary of state validated signatures and will allow the issue on a ballot for this year’s election. https://www.klsecurity.com/blog/south-dakota-to-vote-on-medical-marijuana-cannabis-dispensaries/
Tennessee: Marijuana is not legal. There are at least two bills being introduced this year in steps toward legalization. One piece calls for medicinal access, and another is proposing legalizing recreational use for adults over 21. This is unorthodox, typically states institute a medical program first before opening sales to all residents. https://hightimes.com/news/tennessee-senator-files-bill-to-allow-sale-and-taxation-of-marijuana/
Texas: Marijuana is not legal. The majority of constituents (80%) are in favor of a medical marijuana program, but lawmakers have not taken the steps towards implementation. Legislation was introduced last year to decriminalize possession, but it did not pass the Senate. https://www.texastribune.org/2020/01/28/texas-marijuana-laws-2020-what-you-need-know/
Utah: Marijuana is legal for medicinal use. The medicinal program is slated to begin sales on March 1st and the state is confident they will meet this deadline. https://apnews.com/d834297ead4b31a37b7d799bd0a6f428
Vermont Cannabis and Marijuana : Marijuana use is legal. Recreational use is legal within the state, but there is no legislation creating a legal market. To obtain product, consumers must grow themselves or purchase illegally. Last year, the Senate passed a bill to rectify the current situation, and create/regulate an adult-use market. The bill is waiting review/approval from the House. https://apnews.com/fa2579dadcc15b60c5118e6f5b26f23a
Washington: Marijuana use is legal. The Washington Liquor and Cannabis Board, the regulatory department for marijuana, is considered revising their standard procedures. An independent study was performed, and after reviewing the results, the LCB found room for improvement. The LCB wants to focus more on compliance & education, and restructing enforcement. https://content.govdelivery.com/accounts/WALCB/bulletins/2755fd3
Wyoming: Marijuana use is not legal. A Native American tribe in Wyoming is considering attempting to legalize marijuana for medicinal use. Federal Government gives tribes the authority to act similar to states in the creation of their own rules. However, it is anticipated that the state of Wyoming would intervene in the matter and prevent fruition. https://www.kunr.org/post/wyoming-tribe-consider-legalizing-medical-marijuana-hemp#stream/0
Puerto Rico: Marijuana is legal for medicinal use. Given the state of the territory after suffering catastrophic damage from hurricanes and earthquakes, there’s not any chatter about expanding the medicinal program into adult use. It is safe to assume the country is focused on rebuilding at the moment.
Guam: Marijuana use is legal. Residents are able to legally grow and cultivate their own product as well as purchase from a licensed dispensary. https://www.mpp.org/policy/us-territories/
According to a new story from High Times, Indiana is once again putting cannabis decriminalization on the floor for debate.
In years past, Karen Tallian, a state senator in Indiana, has filed legislation in favor of making cannabis plans that would bring Indiana to the forefront of decriminalization, and again on Monday, has done it once again.
If laws in Indiana for marijuana were to change, this would bring the total to over 20 states with some form of decriminalization for marijuana possession.
For those that are anticipating changes to Indiana cannabis laws and plans for security requirements to apply for any potential license application, the best advice is to be patient.
On Monday, December 16, 2019, Senator Karen Tallian filed a marijuana reform package for the upcoming 2020 legislative session. This package addresses state wide decriminalization, hemp regulation reform, and calls for the establishment of a Cannabis regulatory department. Senator Tallian calls Indiana’s hemp laws ‘outdated and confusing’ as well as ‘a mess’. There will be opposition; Indiana is a conservative state. Governor Eric Holcomb, Republican, has said he will not support legalization while marijuana remains illegal at the federal level. (5)
Will there be more than corn in Indiana? The majority of residents hope so.
Roughly 80% of Hoosiers favor legalizing marijuana at some capacity (medicinal or recreation cannabis). (1)
The legalization of marijuana in neighboring states may have had an influence in this matter. Indiana borders Illinois, Michigan, Ohio, and Kentucky. Three out of four of these states (Illinois, Michigan, and Ohio) currently have legislature on the books allowing constituents to use Cannabis in one form or another without fear of criminal consequences. Kentucky is slated to vote on the issue of medical marijuana legalization in early 2020, so this may soon change. (2)
If Kentucky legalizes marijuana for medicinal use, Indiana will be completely surrounded by weed. It would be incredibly naïve to believe that visitors from neighboring states will not be bringing it with them when they cross state lines.
Would that be legal? No.
If these visitors were intercepted by law enforcement and prosecuted, would that add to Indiana’s overburdened criminal justice system? Yes.
Two (2) Indiana Counties have released statements on decriminalization of cannabis. In a state that is bordered by Four (4) others with legalized cannabis or hemp, these changes are welcomed by 80% of residents (1)
Some communities and officials are choosing to adapt with the times, and reallocate their resources. It is being recognized that pursuing these low level/nonviolent charges, may not be the wisest choice on how to spend taxpayer’s dollars. Perhaps police officers and court officials could be more influential to the overall safety of a community if they were able to spend more time catching violent offenders.
The Marion County prosecutor thinks so. Marion County is located in the center of the state, contains the state capital: Indianapolis, and is home to just shy of a million people. (US Census Bureau https://www.census.gov/quickfacts/marioncountyindiana)
“Mears announced Monday that his office will no longer prosecute certain marijuana possession offenses in Marion County. If a person possesses less than one ounce of marijuana, that person will not face formal charges from the prosecutor’s office, effective immediately. The policy is aimed at diverting resources to violent crimes, such as murder and sexual assault.” (3)
It now appears that Lake County officials may follow Marion County’s lead. This week, County officials discussed the option to modify marijuana possession from a criminal to a civil infraction. Under the new ordinance, individuals caught with small amounts of marijuana would be issued a ticket and ordered to pay a fine instead of going to jail.
“The Lake County Council has preliminarily endorsed an ordinance establishing a civil fine for marijuana possession, instead of requiring people caught with pot to go to jail. The change is being spurred by the forthcoming legalization of recreational marijuana in Illinois and Michigan.” (4)
These baby steps are a big deal to Hoosiers. This shows constituents that politicians are listening, and making the first moves toward legalization. Given these recent developments, how long will it be until Indiana changes laws and plans for legalization of marijuana? Time will tell.
Information has been gathered from sources deemed reliable but not guaranteed, and is subject to change without notice.
Information has been gathered from sources deemed reliable but not guaranteed, and is subject to change without notice.
